§ 10-5.5. Authority authorized to expend trust account funds.  


Latest version.
  • The authority shall be authorized to expend the moneys from the trust account it maintains for any party to correct, eliminate or alleviate an emergency condition only when:

    a. 

    It has examined those circumstances and conditions alleged to constitute an emergency condition, has received a report on such alleged emergency condition from the duly authorized officer, and has declared an emergency condition to exist; and

    b. 

    The remedying of such emergency condition is the owner's and/or association's responsibility; and

    c. 

    The owner, association or the owner's and/or association's agent, servant, employee or joint venturer has received notice of the circumstances or conditions constituting the emergency condition from either the authority or an affected tenant or resident in person or by regular mail, telegram or telephone conversation and an appropriate affidavit or sworn testimony under oath has been filed and/or made with and/or to the authority, by the individual who has so notified the owner's and/or association's agent, servant, employee or joint venturer; and

    d. 

    No work has been commenced by the owner and/or association, or the owner's and/or association's agent, servant, employee or joint venturer to correct, eliminate or alleviate the emergency condition within 48 hours after notification has been received of the circumstances and conditions constituting the emergency condition as described paragraph c. of this subsection; or

    e. 

    Where work has commenced within the forty-eight-hour period referred to in paragraph d. of this subsection but such work has not been reasonably completed within 72 hours after the work was commenced, and in the opinion of a duly authorized officer the work could have been completed within 72 hours.

    f. 

    The Township Clerk is authorized to withdraw and expend security funds only after he has received in writing an authorization by the authority, which authorization shall be signed by the Chairman and Secretary of the authority.

Ord. No. 0-26-73; 1967 Code § 38A-7